Amendment 307· Data Act Article 32q
+Addition
Text of the amendment
As tabled
Wording it would add
New Article 3qa.
Pseudonymisation and request for consent
1.Where data or documents made available for the purposes of re-use under this Chapter contain personal data, the public sector body shall, before allowing re-use, apply state-of-the-art techniques aimed at preserving and reinforcing privacy protection within the meaning of Article 4 of Regulation (EU) 2016/679, including pseudonymisation, in such a way as to reduce the probability of data being attributed to a specific natural person while preserving their usefulness for the purposes of re-use.
2.The measures referred to in paragraph 1 shall be designed to protect personal data relating to identifiable natural persons from re-identification, personal data breaches and unlawful use and trade, taking into account the means reasonably likely to be used. The residual risk of re-identification, including through algorithmic methods, shall be assessed and documented.
3.Where the re-use of personal data requires the consent of the data subject, the public sector body or the competent body shall facilitate the giving, refusal or withdrawal of such consent, including by automated and machine-readable means and, where applicable, through a service provider specialising in enhancing consent and the power to act under Article 2(38)(f). Consent obtained for the objectives of re-use shall be specific to the purposes of the re-use and may not be presumed from the consent given for the initial purpose for which the data were collected.
4.This Article shall be without prejudice to Regulation (EU) 2016/679, which shall take precedence in the event of conflict and to the conditions applicable to the re-use of certain categories of protected data listed in Section 3.’
Data Act Article 32q with this amendment
Amendment 307 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3), (4), (5), (6) and (7)
The re-use of data or documents within the scope of this Section shall be free of charge. However, the recovery by the public sector body holding the data of the marginal costs incurred for the reproduction, provision and dissemination of such data or documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information may be allowed.
Paragraph 1 shall not apply to the following entities:
public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks;
libraries, including university libraries, museums and archives;
public undertakings.
Member States shall publish online a list of the public sector bodies referred to in paragraph 2, point (a).
In the cases referred to in paragraph 2, points (a) and (c), the total charges shall be calculated in accordance with objective, transparent and verifiable criteria. Such criteria shall be laid down by Member States. The total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of their collection, production, reproduction, dissemination and data storage, together with a reasonable return on investment, and where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information. Charges shall be calculated in accordance with the applicable accounting principles.
Where charges are made by the public sector bodies referred to in paragraph 2, point
, the total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction, dissemination, data storage, preservation and rights clearance and, where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information, together with a reasonable return on investment. Charges shall be calculated in accordance with the accounting principles applicable to the public sector bodies involved.
Public sector bodies may set out higher charges for the re-use of data and documents by very large enterprises than the charges provided for in paragraphs 1, 4 and 5. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment.
The re-use of the following shall be free of charge for the user:
subject to Article 32v paragraph (3), (4) and (5), the high-value datasets, as listed in accordance with paragraph 1 of that Article;
research data referred to in point (c) of paragraph 1 of Article 32i.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
Article 32q Principles governing charging for open government data (1) The re-use of data or documents within the scope of this Section shall be free of charge. However, the recovery by the public sector body holding the data of the marginal costs incurred for the reproduction, provision and dissemination of such data or documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information may be allowed. (2) Paragraph 1 shall not apply to the following entities: (a) public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks; (b) libraries, including university libraries, museums and archives; (c) public undertakings. (3) Member States shall publish online a list of the public sector bodies referred to in paragraph 2, point (a). (4) In the cases referred to in paragraph 2, points (a) and (c), the total charges shall be calculated in accordance with objective, transparent and verifiable criteria. Such criteria shall be laid down by Member States. The total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of their collection, production, reproduction, dissemination and data storage, together with a reasonable return on investment, and where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information. Charges shall be calculated in accordance with the applicable accounting principles. (5) Where charges are made by the public sector bodies referred to in paragraph 2, point (b), the total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction, dissemination, data storage, preservation and rights clearance and, where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information, together with a reasonable return on investment. Charges shall be calculated in accordance with the accounting principles applicable to the public sector bodies involved. (6) Public sector bodies may set out higher charges for the re-use of data and documents by very large enterprises than the charges provided for in paragraphs 1, 4 and 5. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment. (7) The re-use of the following shall be free of charge for the user: (a) subject to Article 32v paragraph (3), (4) and (5), the high-value datasets, as listed in accordance with paragraph 1 of that Article; (b) research data referred to in point (c) of paragraph 1 of Article 32i.
Council text of 22 October 2026ST 14756/26
Article 32q Principles governing charging for public sector open data
(1)The re-use of data or documents within the scope of this Section shall be free of charge. However, the recovery by the public sector body holding the data or documents of the marginal costs incurred for the reproduction, provision, extensive searches and dissemination of such data or documents as well as for anonymisation of personal data and measures taken to protect commercially confidential information and other information protected by law may be allowed.
(2)Paragraph 1 shall not apply to the following entities:
(a)public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks;
(b)libraries, including university libraries, museums and archives;
(c)public undertakings.
(3)Member States shall publish online a list of the public sector bodies referred to in paragraph 2, point (a).
(4)In the cases referred to in paragraph 2, points (a) and (c), the total charges shall be calculated in accordance with objective, transparent and verifiable criteria. Such criteria shall be laid down by Member States. The total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of their collection, production, reproduction, dissemination and data storage, together with a reasonable return on investment, and where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information. Charges shall be calculated in accordance with the applicable accounting principles.
(5)Where charges are made by the public sector bodies referred to in paragraph 2, point (b), the total income from supplying and allowing the re-use of data or documents over the appropriate accounting period shall not exceed the cost of collection, production, reproduction, dissemination, data storage, preservation and rights clearance and, where applicable, the anonymisation of personal data and measures taken to protect commercially confidential information, together with a reasonable return on investment. Charges shall be calculated in accordance with the accounting principles applicable to the public sector bodies involved.
(6)Charges higher than the charges provided for in paragraphs 1, 4 and 5 may be set out for the re-use of data and documents by very large enterprises. Any such charges shall be proportionate and based on objective criteria, taking into account the economic power, or the ability of the entity to acquire data or documents, including in particular a designation as a gatekeeper under Regulation (EU) 2022/1925. In addition to the elements listed in paragraph 1 of this Article, such charges may cover the cost of collection, production, reproduction dissemination and data storage and where applicable the cost of anonymisation or measures to protect the confidentiality of the data or documents, together with a reasonable return on investment.
(7)The re-use of the following shall be free of charge for the re-user:
(a)subject to Article 32v paragraph (3), (4) and (5), the high-value datasets, as listed in accordance with paragraph 1 of that Article;
(b)research data referred to in point (c) of paragraph 1 of Article 32i.
Cite this amendment
Amendment 307 (Virginie Joron), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 125–328 to the draft opinion on COM(2025) 837 (IMCO-AM-790905, PE790.905, 16 July 2026), pp. 146–147
Link, short form and official text
Amendment 307 (Virginie Joron), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 125–328 to the draft opinion on COM(2025) 837 (IMCO-AM-790905, PE790.905, 16 July 2026), pp. 146–147
IMCO Amendment 307 (IMCO-AM-790905), p. 146